Amalgamated Wireless (Australasia) Ltd v McDonnell Douglas [1987] FCA 481

Amalgamated Wireless (Australasia) Ltd v McDonnell Douglas [1987] FCA 481

Order 7 Rule 2 of the Federal Court Rules affords the court a broad discretion to direct alternative methods of service on corporations, including overseas corporations, regardless of whether they carry on business in Australia, so long as the method is likely to come promptly to the relevant officers' notice. Service on the respondent's Australian solicitors under judicial direction was valid.

Parties
Applicant: Amalgamated Wireless (Australasia) Limited; First Respondent: McDonnell Douglas Corporation; Second Respondent: McDonnell Douglas Information Systems Pty Limited; Third Respondent: Michael Robert Selwood Dane
Jurisdiction
Australia
Judgment Date
25 August 1987
Procedural Posture
Application for Interlocutory Orders / Motion to Set Aside Service and Application for Leave to Appeal
Outcome
Notice of Motion of 13 August 1987 dismissed; costs awarded to applicant; leave to appeal refused.
Legal Topics
Service of Originating Process, Service on Overseas Corporation, Federal Court Rules Order 7 Rule 2, Leave to Appeal
Practice and Procedure Service of Originating Process Service on Overseas Corporation Federal Court Rules Order 7 Rule 2 Leave to Appeal

Case Brief

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Parties

Amalgamated Wireless (Australasia) Limited

Applicant

McDonnell Douglas Corporation

First Respondent

McDonnell Douglas Information Systems Pty Limited

Second Respondent

Michael Robert Selwood Dane

Third Respondent

Procedural Posture

Application for Interlocutory Orders / Motion to Set Aside Service and Application for Leave to Appeal

Legal Issues

  1. 1 Whether Order 7 Rule 2 of the Federal Court Rules applies only to respondents resident in Australia
  2. 2 Relevance of whether the respondent carried on business in Australia at the date of the order
  3. 3 Whether service upon an overseas corporation by serving their solicitors in Australia is valid

Ratio Decidendi

Order 7 Rule 2 of the Federal Court Rules affords the court a broad discretion to direct alternative methods of service on corporations, including overseas corporations, regardless of whether they carry on business in Australia, so long as the method is likely to come promptly to the relevant officers' notice. Service on the respondent's Australian solicitors under judicial direction was valid.

Court Disposition

Notice of Motion of 13 August 1987 dismissed; costs awarded to applicant; leave to appeal refused.

Orders

  • Notice of Motion of 13 August 1987 dismissed
  • McDonnell Douglas Corporation pay costs of motion to Amalgamated Wireless (Australasia) Limited